Allahabad High Court
SHIVAMversusSTATE OF U.P.
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The anticipatory bail application is dismissed as not pressed.
Summary
The applicant Shivam filed an anticipatory bail application under Section 108 of the B.N.S. and Sections 3 and 4 of the D.P. Act in Criminal Miscellaneous Case No. 192 of 2026. The applicant had earlier obtained a stay on her arrest through a writ petition (Criminal Misc. Writ Petition No. 18968 of 2026) which was ordered to remain in force till 28‑10‑2026. Counsel for the applicant argued that the present anticipatory bail application was not pressed and could be re‑filed later if needed. The Court, after hearing the parties, agreed that the application was not pressed at this stage. Consequently, the anticipatory bail application was dismissed, with liberty to the applicant to file a fresh application in the future. The certified copies of the order were directed to be returned to the applicant’s counsel.
Issues considered
- Whether the anticipatory bail application filed by the applicant is maintainable and pressed at this stage.
Legislation cited
Subjects
- anticipatory bail
- Section 108 B.N.S.
- Section 3 D.P. Act
- Section 4 D.P. Act
- stay of arrest
- not pressed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S
482 BNSS No. - 9437 of 2026
Shivam
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Narendra Kumar
Counsel for Opposite Party(s) : G.A., Ravindra Singh
Court No. - 72
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard Sri Akhil Kumar, Advocate holding brief of Sri
Narendra Kumar, learned counsel for the applicant, Sri Ram
Kumar Dubey, Advocate holding brief of Sri Ravindra Singh,
learned counsel for the informant and learned A.G.A. for the
State.
2. The present application has been filed on behalf of the
applicant in Case Crime No. 192 of 2026, under Section108 of
B.N.S. and Section 3/4 of D.P. Act, Police Station Dhanari,
District Sambhal, with a prayer to grant her anticipatory bail.
3. It is submitted by the learned counsel for the applicant that
the applicant and others filed a Criminal Misc. Writ Petition
No. 18968 of 2026, wherein arrest of the applicant has been
stayed by the Division Bench of this Court vide order dated
09.09.2026, till 28.10.2026. He, however, submits that the
present application be dismissed as not pressed, at this stage,
with liberty to the applicant to file a fresh anticipatory bail
application at the appropriate stage, if so required.
4. With the aforesaid liberty, present anticipatory bail
application is dismissed as not pressed.
5. Office is directed to return the certified copies to the learned
NABAIL No. 9437 of 2026
2
counsel for the applicant after obtaining photocopies of the
same as per rules.
September 18, 2026
A.P. Pandey
(Vivek Kumar Singh,J.)
Digitally signed by :-
ANAND PRAKASH PANDEY
High Court of Judicature at Allahabad
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